南面 (Facing South) — Chinese ink painting

韓非子 Hanfeizi · Chapter 18

南面

Facing South

View:

釋法以臣備臣之患

The Danger of Using Ministers to Check Ministers Instead of Law

人主之過,在己任臣矣,又必反與其所不任者備之,此其說必與其所任者為仇,而主反制於其所不任者。今所與備人者,且曩之所備也。人主不能明法而以制大臣之威,無道得小人之信矣。人主釋法而以臣備臣,則相愛者比周而相譽,相憎者朋黨而相非。非譽交爭,則主惑亂矣。人臣者,非名譽請謁無以進取,非背法專制無以為威,非假於忠信無以不禁,三者,愍主壞法之資也。人主使人臣雖有智慧,不得背法而專制;雖有賢行,不得逾功而先勞,雖有忠信,不得釋法而不禁:此之謂明法。

The ruler's error lies in this: having appointed a minister, he then turns to those he has not appointed to guard against the first. The inevitable result is that those brought in as checks become enemies of those originally trusted, and the ruler ends up controlled by those he did not originally trust. Moreover, those now brought in to guard against others were themselves the very people previously guarded against.

A ruler who cannot make law clear and use it to constrain the authority of great ministers has no way to secure the loyalty of lesser men. When the ruler abandons law and uses ministers to check ministers, those who are allies will form cliques and praise each other, while those who are enemies will form factions and condemn each other. When praise and condemnation battle back and forth, the ruler is bewildered and confused.

As for ministers: without reputation, praise, and solicitation they have no way to advance; without overriding the law and monopolizing power they have no way to establish authority; without appropriating the appearance of loyalty and trustworthiness they have no way to avoid prohibition. These three are the resources for confusing the ruler and destroying the law.

When the ruler ensures that ministers, no matter how wise, may not override the law to monopolize power; no matter how virtuous in conduct, may not bypass merit to claim unearned precedence; no matter how loyal and trustworthy, may not set aside the law to avoid prohibition -- this is called making law clear.

Notes

1context

The title 南面 ('Facing South') refers to the ruler's position: in Chinese court protocol, the ruler sits facing south, receiving ministers who face north. The chapter is therefore about the art of ruling -- what it means to sit on the throne properly.

2context

The critique of 'using ministers to check ministers' (以臣備臣) targets a common practice where rulers set up rival ministers to balance each other. Han Fei argues this creates faction warfare rather than accountability. The proper check on ministerial power is institutional law, not interpersonal rivalry.

誘於事與壅於言

Being Lured by Projects and Obstructed in Counsel

人主有誘於事者,有壅於言者,二者不可不察也。人臣易言事者,少索資,以事誣主。主誘而不察,因而多之,則是臣反以事制主也。如是者謂之誘,誘於事者困於患。共進言少,其退費多,雖有功,其進言不信。不信者有罪,事有功者必賞,則群臣莫敢飾言以愍主。主道者,使人臣前言不復於後,復言不復於前,事雖有功,必伏其罪,謂之任下。人臣為主設事而恐其非也,則先出說設言曰:「議是事者,妒事者也。「人主藏是言,不更聽群臣;群臣畏是言,不敢議事。二勢者用,則忠臣不聽而譽臣獨任。如是者謂之壅於言,壅於言者制於臣矣。主道者,使人臣必有言之責,又有不言之責。言無端末辯無所驗者,此言之責也;以不言避責持重位者,此不言之責也。人主使人臣言者必知其端以責其實,不言者必問其取捨以為之責。則人臣莫敢妄言矣,又不敢默然矣,言、默則皆有責也。

A ruler can be lured by projects, and a ruler can be obstructed in counsel. Both must be carefully examined.

When a minister makes promises about projects lightly, requests few resources, and uses the project to deceive the ruler -- the ruler, lured and unexamining, approves and piles on more. The result is that the minister uses projects to control the ruler. This is called being lured. One who is lured by projects is trapped in calamity.

When initial claims are modest but subsequent costs are enormous, even if there are results, the minister's initial claims prove false. When false claims carry penalties and genuine results are necessarily rewarded, then ministers will not dare embellish their proposals to confuse the ruler. The ruler's method: ensure that a minister's initial claims cannot be contradicted by later ones, and later claims cannot contradict earlier ones. Even if a project has results, if the initial claims were false, the minister must bear the penalty. This is called holding subordinates accountable.

When a minister proposes a project to the ruler and fears criticism, he preemptively declares: 'Anyone who questions this project is jealous of its success.' The ruler stores this remark and ceases listening to other ministers. Other ministers fear this remark and dare not comment on the project. When both forces operate together, loyal ministers are shut out and sycophants alone are entrusted. This is called being obstructed in counsel. One who is obstructed in counsel is controlled by ministers.

The ruler's method: ensure that ministers bear responsibility both for speaking and for not speaking. Those who speak without clear reasoning and whose arguments cannot be verified -- this is the responsibility for speaking. Those who remain silent to avoid responsibility while holding important positions -- this is the responsibility for not speaking. When the ruler requires that those who speak must identify the reasoning behind their claims so that their substance can be verified, and those who do not speak must explain their positions so that they too are held accountable -- then ministers will not dare speak recklessly, nor will they dare remain silent. Both speech and silence carry responsibility.

Notes

1translation

誘於事 ('lured by projects') describes what might today be called 'scope creep' combined with 'sunk cost fallacy' -- a minister proposes an initially modest project, then escalates costs once the ruler is committed.

2context

The preemptive framing device ('anyone who criticizes this is just jealous') is a remarkably modern-sounding observation about how power holders immunize their proposals against legitimate criticism by reframing opposition as personal motivation.

功與害之辨

Distinguishing Achievement from Harm

人主欲為事,不通其端末,而以明其欲,有為之者,其為不得利,必以害反。知此者,任理去欲。舉事有道,計其入多,其出少者,可為也。惑主不然,計其入,不計其出,出雖倍其入,不知其害,則是名得而實亡。如是者功小而害大矣。凡功者,其入多,其出少,乃可謂功。今大費無罪而少得為功,則人臣出大費而成小功,小功成而主亦有害。

When a ruler wishes to undertake a project but does not thoroughly understand its beginning and end, yet makes his desire known -- someone will undertake it. But if the undertaking cannot yield profit, it will necessarily return as harm. One who understands this principle governs by reason and discards desire.

There is a proper method for undertaking projects: when the returns are calculated as exceeding the costs, it may be done. A confused ruler does otherwise. He calculates the returns but not the costs. Even when costs double the returns, he does not recognize the harm -- gaining the name of achievement while losing the substance. In such a case, the achievement is small and the harm is great.

True achievement is when returns are large and costs are small. But when large expenditures go unpenalized and small results count as achievement, then ministers will make great expenditures to produce small results, and even when small results are achieved, the ruler also suffers harm.

Notes

1context

This section applies cost-benefit analysis to governance, a characteristic Legalist approach. The ruler must not simply ask 'was there a result?' but 'did the result justify the expenditure?' -- a principle that anticipates modern concerns about government efficiency and accountability.

不變古之非

Against the Doctrine of 'Do Not Change Antiquity'

不知治者,必曰:「無變古,毋易常。「變與不變,聖人不聽,正治而已。則古之無變,常之毋易,在常古之可與不可。伊尹毋變殷,太公毋變周,則湯、武不王矣。管仲毋易齊,郭偃毋更晉,則桓、文不霸矣。凡人難變古者,憚易民之安也。夫不變古者,襲亂之跡;適民心者,恣奸之行也。民愚而不知亂,上懦而不能更,是治之失也。人主者,明能知治,嚴必行之,故雖拂於民,必立其治。說在商君之內外而鐵受,重盾而豫戒也。故郭偃之始治也,文公有官卒;管仲始治也,桓公有武車:戒民之備也。是以愚戇窳墮之民,苦小費而忘大利也,故夤虎受阿謗而振小變而失長便,故鄒賈非載旅。狎習於亂而容於治,故鄭人不能歸。

Those who do not understand governance invariably say: 'Do not change antiquity; do not alter established customs.' Whether to change or not to change -- the sage does not heed such dogma. He simply pursues correct governance. Whether antiquity should not be changed and customs should not be altered depends on whether the ancient customs in question are sound or not.

If Yi Yin had not changed the Yin customs, and the Grand Duke had not changed the Zhou customs, then Tang and King Wu would never have become kings. If Guan Zhong had not altered Qi's system, and Guo Yan had not reformed Jin's, then Duke Huan and Duke Wen would never have achieved hegemony.

The reason people resist changing antiquity is that they dread disturbing the people's comfort. But to leave antiquity unchanged is to follow the tracks of disorder; to accommodate the people's hearts is to indulge treacherous conduct. When the people are foolish and do not recognize disorder, and the ruler above is cowardly and unable to reform -- this is a failure of governance.

A ruler who is perceptive enough to understand governance and severe enough to carry it out will establish proper governance even though it goes against the people. The proof is in Lord Shang's reforms of internal and external affairs, and in the initial resistance that met them.

Thus when Guo Yan first began his reforms, Duke Wen of Jin had armed guards; when Guan Zhong first began his reforms, Duke Huan of Qi had war chariots -- these were precautions to prepare against popular resistance. Foolish, stubborn, lazy, and idle people suffer from small costs and forget great benefits. Therefore they submit to flattering slanders and resist minor changes while losing long-term advantages. The people grow accustomed to disorder and are uncomfortable with good governance.

Notes

1person郭偃Guo Yan

Guo Yan (郭偃) was a minister who assisted Duke Wen of Jin (晉文公, r. 636-628 BC) in implementing institutional reforms that made Jin the second great hegemon of the Spring and Autumn period.

2context

The anti-traditionalist argument here is a cornerstone of Legalist political philosophy. Confucians held that the institutions of the Zhou founders represented an ideal order to be restored; Legalists argued that effective governance requires adapting institutions to present conditions. The historical examples prove the point: every great reformer changed the existing order, and every great achievement followed from institutional innovation.

3translation

The phrase 適民心者恣奸之行 ('to accommodate the people's hearts is to indulge treacherous conduct') encapsulates the Legalist rejection of populism: popular opinion is not a guide to good governance, because the people habitually resist what benefits them in the long term.

Edition & Source

Text
《韓非子》 Hanfeizi
Edition
中華古詩文古書籍網 transcription, 《四部叢刊》本
Commentary
Han Fei (韓非), Warring States period